Private Law and Social Inequality in the Industrial Age: Comparing Legal Cultures in Britain…

Hardcover | March 15, 2000

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A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. Theessays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers. While law-and-society histories have become a growth industry in recent years, most studies in this field tend to be limited by national and disciplinary boundaries. This volume goes beyond such boundaries by comparing legal cultures in Britain, Germany, France, and the United States. Takinganalogous, although not necessarily simultaneous, conflicts as a starting point, the essays offer new insights into different attitudes towards the law and different paths of juridification. The book thus enables historians, lawyers, and social scientists to view the history of their own legalculture in the light of others.

About The Author

Willibald Steinmetz is at University of Bochum.

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Title:Private Law and Social Inequality in the Industrial Age: Comparing Legal Cultures in Britain…Format:HardcoverPublished:March 15, 2000Publisher:Oxford University PressLanguage:English

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Table of Contents

IntroductionWillibald Steinmetz: Towards a Comparative History of Legal Cultures, 1750-1950Landowners, Peasants, and LabourersRaymond Cocks: The Private Use of Public Rights: Law and Social Conflict in Nineteenth-Century Rural EnglandMonika Wienfort: Administration of Private Law or Private Jurisdiction? The Prussian Patrimonial Courts, 1820-1848Husbands and WivesUrsula Vogel: Fictions of Community: Property Relations in Marriage in European and American Legal Systems of the Nineteenth CenturyJean-Louis Halperin: Husbands, Wives, and Judges in Nineteenth-Century FranceUte Gerhard: Legal Patricularism and the Complexity of Women's Rights in Nineteenth-Century GermanyLawrence M. Friedman: A Moving Target: Class, Gender, and Family Law in the Nineteenth-Century United StatesEmployers and EmployeesSpiros Simitis: The Case of the Employment Relationship: Elements of a ComparisonAlain Cottereau: Industrial Tribunals and the Establishment of a Kind of Common Law of Labour in Nineteenth-Century FranceDouglas Hay: Master and Servant in England: Using the Law in the Eighteenth and Nineteenth CenturiesWillibald Steinmetz: Was there a De-juridification of Individual Employment Relations in Britain?Karen Orren: Master and Servant Law and Constitutional Rights in the United States during the Nineteenth Century: A Domain-Specific AnalysisLandlords and TenantsDavid Englander: Urban House Tenure and Litigation in Nineteenth-Century BritainSusanna Magri: Landlords, Tenants, and the Law: Paris, 1850-1920Tilman Repgen: Tenancy in Germany between 1871 and 1914: Norms and RealityRichard H. Chused: Landlord-Tenant Courts in New York City at the Turn of the Twentieth CenturyProducers and ConsumersFabien Valente: Usury in France in the Nineteenth CenturyMartin H. Geyer: Defining the Common Good and Social Justice: Popular and Legal Concepts of Wucher in Germany from the 1860s to the 1920sPaul Johnson: Creditors, Debtors, and the Law in Victorian and Edwardian EnglandEdward A. Purcell, Jr.: The Action was outside the Courts: Consumer Injuries and the Uses of Contract in the United States, 1875-1945List of ContributorsIndex